PC 09/09/1998 - Laserfiche WebLink

Commissioner Roberts stated that due to the landscaping and the height of the roof being six feet at the eaveline and neighbor's support of the application, this could be considered a unique circumstance; - although, this was considered a somewhat far-fetched reasoning. She stated she understood Mr. Kerr's desire to retire and have a workshop and stated that the City is losing many retirees due to them relocating to acquire amenities. Commissioner Maas commended the applicant on his presentation; however, she stated she could not support the appeal. She noted that the future homeowner of this property may not appreciate the three-foot setback and that staff has already compromised on the setback. Commissioner Dove provided a brief history of similaz applications within the last two to three years. Further, he expressed concern with the neighbors who have built structures without permits and turning down an applicant who has come before the Planning Commission for approval versus the neighbors who have built additions without permits. However, he stated that neighbors who have performed property modifications without permits will encounter problems when they sell their houses. Further, he expressed concern with the affect of the three-foot setback on neighbors. Discussion ensued relating to code enforcement and the possibility of the applicant purchasing two feet of the neighbor's property. Chairperson Kumazan commended the applicant for his presentation; however, he expressed concern with a precedent being set by approval of this appeal and implications on staff in the future relating to code enforcement. He noted that neighbors who have built without permits will have trouble selling _ property in the future and spoke in favor of denying appeal. A motion was made by Commissioner Maas, seconded by Commissioner Sullivan, to deny the appeal and approve Case V-98-07/Z-98-162 as approved by the Zoning Administrator, subject to the conditions listed in Exhibit B. ROLL CALL VOTE AYES: Commissioners Cooper, Maas, Roberts, Sullivan, and Chairperson Kumazan NOES: None ABSENT: None ABSTAIN: None Resolution No. PC-98-71 was entered and adopted as motioned. Mr. Iserson noted that the applicant can appeal the decision of the Planning Commission within fifreen days for consideration by the City Council. Z-98-236, Citv of Pleasanton Application for design review approval to remodel the existing building located at 200 Old Bernal Avenue. Zoning for the property is p (Public and Institutional) District. Continued to September 23, 1998. PLANNING COMMISSION MINUTES Page 9 September 9, 1998